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Home My WebLink AboutR2023-CUP23-07 2023-04-10RESOLUTION R2023- CUP23-07 A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Sheltered Care Facility use within the General Business (GB) District, on approximately 1.354 acres of land, being the northeast and out of Lot 1, in Block 1, Final Plat of Crosspoint Church, a subdivision in Brazoria County, Texas, according to the map or plat recorded in County Clerks’ File No. 2012049197 of the Plat Records of Brazoria County, Texas (located at the northeast corner of 1134 Old Alvin Road). Conditional Use Permit Application No CUP23-07, for Sheltered Care Facility use within the General Business (GB) District, at the request of Clint Byrom, applicant, on behalf of Crosspoint Church, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Clint Byrom, applicant, on behalf of Crosspoint Church, owner, is requesting approval of a Conditional Use Permit (CUP) for Sheltered Care Facility use within the General Business (GB) District, on approximately 1.354 acres of land; said property being legally described in the legal description attached hereto and made a part hereof for all purposes as Exhibit “A,” and more graphically depicted in the vicinity map attached hereto and made a part hereof for all purposes as Exhibit “B”; and WHEREAS, on the 20th day of March 2023, a public hearing was held before the Planning and Zoning Commission of the City of Pearland, Texas, notice being given by online publication on the City website, a copy of which being attached hereto and made a part hereof for all purposes as Exhibit "C,” said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, the Planning and Zoning commission having fully heard the testimony and argument of all interested parties, and having been fully advertised in the premises, finds that in the case of the application of Clint Byrom, applicant, on behalf of Crosspoint Church, owner, for approval of a Conditional Use Permit (CUP) for Sheltered Care Facility DocuSign Envelope ID: 7C6F0201-914C-4C5A-B6FA-37CDE3E6D9B1 use within the General Business (GB) District; presented which, in the judgment of the Planning and Zoning Commission have provided input and discussion; and WHEREAS, on the 10th day of April 2023, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advertised in the premises, finds that in the case of the application of Clint Byrom, applicant, on behalf of Crosspoint Church, owner, for approval of a Conditional Use Permit (CUP) for Sheltered Care Facility use within the General Business (GB) District; presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate City Limits of the City of Pearland, Texas, and presently being located within the General Business (GB) District, is hereby granted a Conditional Use Permit (CUP) for Sheltered Care Facility use, in accordance with all conditions and requirements of the Unified Development Code approved by the City Council and incorporated for all purposes, such property being more particularly described as: Legal Description: 1.354-acre tract of land, being the northeast and out of Lot 1, in Block 1, Final Plat of Crosspoint Church, a subdivision in Brazoria County, Texas, according to the map or plat recorded in County Clerks’ File No. 2012049197 of the Plat Records of Brazoria County, Texas. General Location: Northeast Corner of 1134 Old Alvin Road. Conditions of Approval: 1. The proposed use shall be developed in substantial conformance with the building size and character as presented in the attached Applicant’s exhibits. DocuSign Envelope ID: 7C6F0201-914C-4C5A-B6FA-37CDE3E6D9B1 Section II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission and to City Council for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the Resolution adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City’s police powers. Section IV. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section V. All rights and remedies, which have accrued in the favor of the City under this Resolution and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. This Resolution shall become effective after its passage and approval. DocuSign Envelope ID: 7C6F0201-914C-4C5A-B6FA-37CDE3E6D9B1 PASSED, APPROVED, and ADOPTED on this day, the 10th day of April 2023. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 7C6F0201-914C-4C5A-B6FA-37CDE3E6D9B1 Exhibit “A” Legal Description 1.354-acre tract of land, being the northeast and out of Lot 1, in Block 1, Final Plat of Crosspoint Church, a subdivision in Brazoria County, Texas, according to the map or plat recorded in County Clerks’ File No. 2012049197 of the Plat Records of Brazoria County, Texas. DocuSign Envelope ID: 7C6F0201-914C-4C5A-B6FA-37CDE3E6D9B1 DocuSign Envelope ID: 7C6F0201-914C-4C5A-B6FA-37CDE3E6D9B1 Exhibit "B" Vicinity Map 17!•—•-.r �rfBIEM " 1 ' . - •' r ��id�- Z!r. za�7I a �, Q 1 ICk ..I a jj NIE A90.y _� - TREL Y1LL L.Rr siw• E Dk Op AWNEYdOR. � Aerial 'Lbleproducrirbe map tor kegs], Dues etee•`n� Exhibit 1 & Zoning CUP 23-07 NE Corner of 1134 Old Alin Road Sheltered Care Facility in GB Legend ' ---- i Subject Property l._.._. At t 4 0 44 t7 (3G 7 5g9 iniwmaticme1puppoeeeend nothuve bean prepared Poieg pe engineering, or surveying purporen. not rep.enent an on.the.gruond nary,' only nhonpprammnnen0ournl„r.,��cin of property bonndarkn. 1 inch = 300 feet commuviTY DY.v. DIirr. MARCH 2028 Map suitable In F•�' .Z'l�_`� I'lli ...ri .�+ _.--�� ., rte. i� pm �, illl •'' @ ce - r • o m ,� Pr ' 1� r1'1'a fiarAril L"ETHBRIOG'AR `� •: f K APP RD i :; k. _ '.• • ' Iy` �y HICKORY...CREEK • - ...'IC .1 saw- ;a•;M.r_ GLA �M: _ ~ DR .- a .X _ L.�' .. Y" U ■ ! L GB .. e.a GC , • ..%• , -,� �r .1 1 r . • i I_ . '...f'. IkJ! O n 14 L 1+!+ r '' _ __ R 2 RUSTIC R-1 HOLLOWLN - _ Cluster K---.. Plans �'t•._ - 171.4. DocuSign Envelope ID: 7C6F0201-914C-4C5A-B6FA-37CDE3E6D9B1 Exhibit "C" Notification I 1 l 1 0 CD CITY OF PEARLAND 3523 Liberty Drive, Pearland, Texas 77581 281.652.1765 FAX: 281.652.1702 www.pearlandtx.gov NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission of the City of Pearland will hold a public hearing on Monday, March 20, 2023, at 6:30 p.m.; and that the City Council of the City of Pearland will hold a public hearing and resolution adoption on Monday, April 10, 2023, at 6:30 p.m., regarding: Conditional Use Permit Application: CUP 23-07 A request by Clint Byrom, applicant, on behalf of Crosspoint Church, owner, for approval of a Conditional Use Permit (CUP) for a Sheltered Care Facility on approximately 1A acres of land located within the General Business (GB) District, to wit: Legal Description: A 1.354 -acre tract of land, being the northeast and out of Lot 1, in Block 1, Final Plat of Crosspoint Church, a subdivision in Brazoria County, Texas, according to the map or plat recorded in County Clerks' File No_ 2012O49197 of the Plat Records of Brazoria County, Texas_ General Location: Northeast Corner of 1134 Old Alvin Road. Summary: Applicant, intends to develop a 2,800 -square foot home at the northeast corner of the church property to house foster children awaiting foster care placement. The proposed facility will be deeded to and run by Isaiah117House. THE PUBLIC HEARING WILL BE HELD IN THE Council Chamber of Pearland City Hall 3519 Liberty Drive, Pearland, Texas You are receiving this notice because appraisal district records indicate that you own property within 200 feet of the subject properly identified on the attached map. You are invited to attend the public hearing and voice your support or opposition for the above reference request. If you have comments, please feel free to email them to slowe[apearlandtx.00v or submit a public comment form using the above application number to reference this case. For more information on this request and your involvement in the hearing process, visit our website at www.Dearlandtx.00vioublic-hearings_ DocuSign Envelope ID: 7C6F0201-914C-4C5A-B6FA-37CDE3E6D9B1 Exhibit "D" DocuSign Envelope ID: 7C6F0201-914C-4C5A-B6FA-37CDE3E6D9B1 MY I'�a L KU r n e 4.- + *nro„ E tkY+ y 2lL nq liCH 4 — = "or ! • 0 _ `�'. r'i .• Imo'!.. F 9 LIitj __-''. Y.rY vwr I I_ Y� RUOR PLAN ilmla ate. MN A101 DocuSign Envelope ID: 7C6F0201-914C-4C5A-B6FA-37CDE3E6D9B1 3 Waif CM Wra FlN�F1E6 ETCRr.�E �ru 1 11 II 114, SECOND FLOOR F)JJ I 11 II 'I - u u ISAIAH 1:17 HOUSE Al 02 DocuSign Envelope ID: 7C6F0201-914C-4C5A-B6FA-37CDE3E6D9B1 FROM ELEVATION Warr ELEVATION REAR ELEVATION A200